What is intellectual humility? In this essay, we aim to answer this question by assessing several contemporary accounts of intellectual humility, developing our own account, offering two reasons for our account, and meeting two objections and solving one puzzle.

This paper extends several themes from recent work on norms of assertion. It does as much by applying those themes to the speech act of asking. In particular, it argues for the view that there is a species of asking which is governed by a certain norm, a norm to the effect that one should ask a question only if one doesn’t know its answer.

Elsevier, the world's leading provider of science and health information, published an academic/scientific textbook about a new mathematical discovery discovered in a near-death experience (NDE) that matches the dynamics of living and life-like (social) systems and has applications in general systems theory, universal systems modelling, human clinical molecular genetics modelling, medical informatics, astrobiology, education and other areas of study. This article is about Lynnclaire Dennis and how she brought back perhaps the greatest scientific discovery ever from a NDE. The (...) Mereon Matrix's sequential process generates a coherent link to living and non-living systems whether they are physical, mathematical, philosophical, or social. (shrink)

DennisWhitcomb argues that there is no God on the grounds that God is supposed to be omniscient, yet nothing could be omniscient due to the nature of grounding. We give a formally identical argument that concludes that one of the present co-authors does not exist. Since he does exist, Whitcomb’s argument is unsound. But why is it unsound? That is a difficult question. We venture two answers. First, one of the grounding principles that the argument relies (...) on is false. Second, the argument equivocates between two kinds of grounding: instance-grounding and quasi-mereological grounding. Happily, the equivocation can be avoided; unhappily, avoidance comes at the price of a false premise. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...) a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

Could God have created a better universe? Well, the fundamental scientific laws and parameters of the universe have to be within a certain miniscule range, for a life-sustaining universe to develop: the universe must be ‘Fine Tuned’. Therefore the ‘embryonic universe’ that came into existence with the ‘big bang’ had to be either exactly as it was or within a certain tiny range, for there to develop a life-sustaining universe. If it is better that there exist a life-sustaining universe than (...) not, then it was better that the embryonic universe was one of this small set of very similar embryonic universes than that it was not. Furthermore, there are no firm grounds for claiming that of this small set of very similar embryonic universes, there is one which would have developed into a universe better than ours. Therefore there are no firm grounds for claiming that God could have created a better universe than ours. (shrink)

In the late 16th and early 17th centuries, a number of ‘liberal Jesuit scholastics’ produced the last great synthesis of Aristotelian psychology with Christian theology. In this magnificently sympathetic reconstruction of their systems of the soul, Dennis Des Chene rescues Toletus, Suarez, and the other ‘schoolmen’ from neglect which resulted from scornful dismissals by Descartes and his fellows. Deliberating bypassing the political and medical contexts of their work, and focusing almost exclusively on Jesuit rather than other, ‘dissident’ Renaissance Aristotelianisms, (...) Des Chene focusses intensely on intellectual history, what he calls at one point ‘the flurry of subtleties’ of these astonishing systematic commentaries on Aristotle. (shrink)

This rangy and precise book deserves to be read even by those historians who think they are bored with Descartes. While offering surprising and detailed readings of bewildering texts like theDescription of the Human Body, Des Chene constructs a powerful, sad narrative of the Cartesian disenchantment of the body. Along the way he also delivers provocative views on topics as various as teleology, the role of illustrations in the history of mechanism, theories of the sexual differentiation of the foetus, and (...) problems of simulation in scientific method. (shrink)

This is a précis of my book Kant's Radical Subjectivism, to be published as part of a symposium dedicated to the book, with critics Hein van den Berg, Karin de Boer, Henny Blomme en Joris Spigt, including a reply by me. The symposium is in Dutch, but the pre-print uploaded here is in English!

In this article, I respond to critiques of my book Kant’s Radical Subjectivism: Perspectives on the Transcendental Deduction (London: Palgrave Macmillan, 2017). I address issues that are raised concerning objectivity, the nature of the object, the role of transcendental apperception and the imagination, and idealism. More in particular I respond to an objection against my reading of the necessary existence of things in themselves and their relation to appearances. I also briefly respond to a question that relates to the debate (...) on Kantian nonconceptualism, more in particular, the question whether Kant allows animals objective intentionality. Lastly, I respond to one objection against my reading of Hegel’s critique of Kant. (The copy uploaded here is an English translation of the original Dutch version that is published in the journal.). (shrink)

In this chapter, I expound Hegel’s critique of Kant, which he first and most elaborately presented in his early essay Faith and Knowledge (1802), by focusing on the criticism that Hegel levelled against Kant’s (supposedly) arbitrary subjectivism about the categories. This relates to the restriction thesis of Kant’s transcendental idealism: categorially governed empirical knowledge only applies to appearances, not to things in themselves, and so does not reach objective reality, according to Hegel. Hegel claims that this restriction of knowledge to (...) appearances is unwarranted merely on the basis of Kant’s own principle of transcendental apperception, and just stems from Kant’s empiricist bias. He argues that Kant’s principle of apperception as the foundational principle of knowledge is in fact incompatible with his empiricism. Hegel rightly appraises the centrality of transcendental apperception for the constitution of objectivity. But he is wrong about its incompatibility with Kant’s empirical realism. By virtue of a misapprehension of the formal distinction between the accompanying ‘I think’, i.e. the analytical principle of apperception, and what Hegel calls “the true ‘I’” of the original-synthetic unity of apperception, Hegel unjustifiably prises apart the productive imagination, which is supposedly this “true ‘I’”, and the understanding, which is supposedly just a derivative, subjective form of the productive imagination; the latter, according to Hegel, is Reason or Being itself, and is the truly objective. This deflationary reading of the understanding, which hypostatises the imagination as the supreme principle, rests on a distortion of key elements of Kant’s theory of apperception. In this chapter, I show that Hegel’s charge of inconsistency against Kant, namely, Hegel’s claim that the principle of apperception as the highest principle of cognition does not comport with Kant’s restriction thesis, is the direct consequence of a psychological misreading of Kant’s subjectivism. (shrink)

The Planteome project provides a suite of reference and species-specific ontologies for plants and annotations to genes and phenotypes. Ontologies serve as common standards for semantic integration of a large and growing corpus of plant genomics, phenomics and genetics data. The reference ontologies include the Plant Ontology, Plant Trait Ontology, and the Plant Experimental Conditions Ontology developed by the Planteome project, along with the Gene Ontology, Chemical Entities of Biological Interest, Phenotype and Attribute Ontology, and others. The project also provides (...) access to species-specific Crop Ontologies developed by various plant breeding and research communities from around the world. We provide integrated data on plant traits, phenotypes, and gene function and expression from 95 plant taxa, annotated with reference ontology terms. (shrink)

This is an essay on Kant's neglected late tract On a Recently Adopted Prominent Tone in Philosophy (RTP) and Derrida's oblique commentary on this work in his D'un ton apocalyptique adopté naguère en philosophie. The theme of the essay is metaphilosophical and considers issues concerning the nature of critical philosophy, fanaticism (Schwärmerei), and the use of religious tropes in philosophy. I am primarily interested in the ways in which RTP thematises the legitimacy of speaking in an exalted, quasi-religious tone apropos (...) of the authority of Reason as a self-legitimising capacity in philosophical speech. An important additional reason for taking a closer look at this text is because the late Jacques Derrida (1930–2004) took a great interest in this work of Kant’s and, indeed, emphasised, rightly I think, that despite its prima facie rhetorically charged, polemical nature this work—which might at first be taken to be merely a lampoon—is anything but insignificant in Kant’s œuvre. Derrida’s On a Recently Adopted Apocalyptic Tone in Philosophy, originally published in 1983, is an oblique commentary on Kant’s RTP, and aims to expose to view the alleged hidden underpinnings of Kant’s polemic against exaltation or fanaticism (Schwärmerei) in philosophy. Derrida tries to show that Kant’s appeal for tonal moderation in philosophy, for a measured speech, which should rein in exalted modes of speech, is itself not neutral and rather fundamentally biased against an exalted, quasi-religious, manner of thought. It is evident that, as he himself notes early on in RTP, Kant is predisposed towards a more Aristotelian, academic kind of philosophy, which adopts a “proper” tone or pitch in philosophical debate, but Derrida claims that Kant himself raises his voice precisely in lampooning exalted thinkers. I am particularly interested in the extent to which Derrida’s critique manifests a fundamental misapprehension of the Kantian mode of moderating critique. By expounding this misapprehension, Kant’s own reasons for his philippic against religious or quasi-religious talk in philosophy are foregrounded, thus showing the nature of properly critical thought. At the same time, I shall show how Derrida underestimates the self-reflexivity, and hence properly critical, self-authorising mode of thinking, underlying his own oblique references to the adieu as a trope for quasi-transcendental intentionality towards the so-called ‘Other’. (shrink)

In this paper, I discuss the debate on Kant and nonconceptual content. Inspired by Kant’s account of the intimate relation between intuition and concepts, McDowell (1996) has forcefully argued that the relation between sensible content and concepts is such that sensible content does not severally contribute to cognition but always only in conjunction with concepts. This view is known as conceptualism. Recently, Kantians Robert Hanna and Lucy Allais, among others, have brought against this view the charge that it neglects the (...) possibility of the existence of essentially nonconceptual content that is not conceptualised or subject to conceptualisation. Their critique of McDowell amounts to nonconceptualism. However, both views, conceptualist and nonconceptualist, share the assumption that intuition is synthesised content in Kant’s sense. My interest is not in the validity of the philosophical positions of conceptualism or nonconceptualism per se. I am particularly interested in the extent to which the views that McDowell and Hanna and Allais respectively advance are true to Kant, or can validly be seen as Kantian positions. I argue that although McDowell is right that intuition is only epistemically relevant in conjunction with concepts, Hanna and Allais are right with regard to the existence of essentially nonconceptual content (intuitions) independently of the functions of the understanding, but that they are wrong with regard to non-conceptualised intuition being synthesised content in Kant’s sense. Kantian conceptualists (Bowman 2011; Griffith 2012; Gomes 2014) have responded to the recent nonconceptualist offensive, with reference to A89ff./B122ff. (§13)—which, confusingly, the nonconceptualists also cite as evidence for their contrary reading—by arguing that the nonconceptualist view conflicts with the central goal of the Transcendental Deduction, namely, to argue that all intuitions are subject to the categories. I contend that the conceptualist reading of A89ff./B122ff. is unfounded, but also that the nonconceptualists are wrong to believe that intuitions as such refer strictly to objects independently of the functions of the understanding, and that they are mistaken about the relation between figurative synthesis and intellectual synthesis. I argue that Kant is a conceptualist, albeit not in the sense that standard conceptualists assume. Perceptual knowledge is always judgemental, though without this resulting in the standard conceptualist claim that, necessarily, all intuitions or all perceptions per se stand under the categories (strong conceptualism). I endorse the nonconceptualist view that, for Kant, perception per se, i.e. any mere or ‘blind’ intuition of objects (i.e. objects as indeterminate appearances) short of perceptual knowledge, does not necessarily stand under the categories. Perception is not yet perceptual knowledge. In this context, I point out the common failure in the literature on the Transcendental Deduction, both of the conceptualist and nonconceptualist stripe, to take account of the modal nature of Kant’s argument for the relation between intuition and concept insofar as cognition should arise from it. (shrink)

The Plant Ontology (PO; http://www.plantontology.org/) is a publicly-available, collaborative effort to develop and maintain a controlled, structured vocabulary (“ontology”) of terms to describe plant anatomy, morphology and the stages of plant development. The goals of the PO are to link (annotate) gene expression and phenotype data to plant structures and stages of plant development, using the data model adopted by the Gene Ontology. From its original design covering only rice, maize and Arabidopsis, the scope of the PO has been expanded (...) to include all green plants. The PO was the first multi-species anatomy ontology developed for the annotation of genes and phenotypes. Also, to our knowledge, it was one of the first biological ontologies that provides translations (via synonyms) in non-English languages such as Japanese and Spanish. There are about 2.2 million annotations linking PO terms to over 110,000 unique data objects representing genes or gene models, proteins, RNAs, germplasm and Quantitative Traits Loci (QTLs) from 22 plant species. In this paper, we focus on the plant anatomical entity branch of the PO, describing the organizing principles, resources available to users, and examples of how the PO is integrated into other plant genomics databases and web portals. We also provide two examples of comparative analyses, demonstrating how the ontology structure and PO-annotated data can be used to discover the patterns of expression of the LEAFY (LFY) and terpene synthase (TPS) gene homologs. (shrink)

Plants from a handful of species provide the primary source of food for all people, yet this source is vulnerable to multiple stressors, such as disease, drought, and nutrient deficiency. With rapid population growth and climate uncertainty, the need to produce crops that can tolerate or resist plant stressors is more crucial than ever. Traditional plant breeding methods may not be sufficient to overcome this challenge, and methods such as highOthroughput sequencing and automated scoring of phenotypes can provide significant new (...) insights. Ontologies are essential tools for accessing and analysing the large quantities of data that come with these newer methods. As part of a larger project to develop ontologies that describe plant phenotypes and stresses, we are developing a plant disease extension of the Infectious Disease Ontology (IDOPlant). The IDOPlant is envisioned as a reference ontology designed to cover any plant infectious disease. In addition to novel terms for infectious diseases, IDOPlant includes terms imported from other ontologies that describe plants, pathogens, and vectors, the geographic location and ecology of diseases and hosts, and molecular functions and interactions of hosts and pathogens. To encompass this range of data, we are suggesting inOhouse ontology development complemented with reuse of terms from orthogonal ontologies developed as part of the Open Biomedical Ontologies (OBO) Foundry. The study of plant diseases provides an example of how an ontological framework can be used to model complex biological phenomena such as plant disease, and how plant infectious diseases differ from, and are similar to, infectious diseases in other organism. (shrink)

They say that argumentative writing skills are best learned through writing argumentative essays. I say that while this is excellent practice for argumentative writing, an important exercise to practice structuring such essays and build critical thinking skills simultaneously is what I call the four-sentence paper. The exercise has the template They say..., I say..., one might object..., I reply... One might object that the assignment oversimplifies argumentative writing, stifles creativity, promotes an adversarial attitude, or that students can’t consider objections well (...) anyway. I reply that a simplified form of argumentative writing is fine for beginners, especially since the template is ubiquitous in philosophy; that any assignment template has room for creativity; that considering objections is consistent with good manners; and that despite some pitfalls of trying to defend a thesis and consider objections, students are capable of considering objections well with proper instruction and practice. (shrink)

In this chapter I advance a moderately conceptualist interpretation of Kant’s account of the threefold synthesis in the A-Deduction. Often the first version of TD, the A-Deduction, is thought to be less conceptualist than the later B-version from 1787 (e.g. Heidegger 1991, 1995). Certainly, it seems that in the B-Deduction Kant puts more emphasis on the role of the understanding in determining the manifold of representations in intuition than he does in the A-Deduction. It also appears that in the A-Deduction (...) the seemingly pre-conceptual aspects of a priori synthesis, namely those of the synthesis of apprehension and the imagination, are more prominently featured than in the B-Deduction. And the fact that in the A-Deduction judgement does not appear to play any significant role reinforces the view that the A-Deduction is less strongly conceptualist. I believe that Kant is a conceptualist also in the A-Deduction (as much as in the B-Deduction) in the sense that all syntheses, which are expounded in the second section of the A-Deduction, must be seen as involving the categories or the understanding as the seat of the categories. However, despite some apparent strong modal claims regarding apperception in the A-Deduction, I argue that Kant is a moderate conceptualist in the sense that he allows for the real possibility that some representations are apprehended that are not subsumed or subsumable under the categories, or determined or determinable by the understanding as the seat of the categories. Not all representations must be synthesised and hence be conceptualised (by means of the categories), nor are all representations necessarily conceptualisable (by means of the categories). Often it is argued that the application of the categories must be seen as separate from or prior to conceptualisation (that is, employment of concepts in a judgement), so that the categories must be considered to apply to representations at least to the extent that the productive imagination or recognitive synthesis is involved, even if no empirical concepts are applied in an actual judgement. But it is difficult to see how categories can apply outside the context of an actual judgement in which ipso facto empirical concepts are employed, because, after all, categories are nothing but logical functions of judgement (e.g. B143). More in particular, I shall argue for the claims that (1) appearances to the contrary, all three levels of syntheses in the A-Deduction, including the synthesis of recognition, are interdependent and are not to be seen as operating singly or independently of each other, and hence of the categories; (2) ‘mere’ apprehension, or ‘mere’ intuition, is not dependent on the understanding and the application or possible application of the categories; and that (3) ‘mere’ apprehension does not even invoke a priori synthesis of apprehension and hence is as such fully lawless in terms of Kantian a priori laws. In this context, I also address Kant’s argument in the A-Deduction about the role of the imagination in the production of spatial objects and explain his apt use of the example of cinnabar to show that the kind of association that is at issue here concerns the possibility of knowledge, not the possibility of mere association, as is often assumed. (shrink)

Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows (...) from Gutmann and Thompson’s theory of deliberative democracy, I attempt to show that the theory of deliberative democracy does not do justice to legitimate claims of culture made by nonliberal minority cultural groups in the liberal West. As a result, I further argue that their deliberative democracy itself is inadequate for radically diverse societies in the West, some of whose members also belong to nonliberal minority cultural groups. (shrink)

Bio-ontologies are essential tools for accessing and analyzing the rapidly growing pool of plant genomic and phenomic data. Ontologies provide structured vocabularies to support consistent aggregation of data and a semantic framework for automated analyses and reasoning. They are a key component of the Semantic Web. This paper provides background on what bio-ontologies are, why they are relevant to botany, and the principles of ontology development. It includes an overview of ontologies and related resources that are relevant to plant science, (...) with a detailed description of the Plant Ontology (PO). We discuss the challenges of building an ontology that covers all green plants (Viridiplantae). Key results: Ontologies can advance plant science in four keys areas: 1. comparative genetics, genomics, phenomics, and development, 2. taxonomy and systematics, 3. semantic applications and 4. education. Conclusions: Bio-ontologies offer a flexible framework for comparative plant biology, based on common botanical understanding. As genomic and phenomic data become available for more species, we anticipate that the annotation of data with ontology terms will become less centralized, while at the same time, the need for cross-species queries will become more common, causing more researchers in plant science to turn to ontologies. (shrink)

"The concluding chapter, penned by C. E. Emmer, both revisits and greatly expands upon disputations within the contested territory of kitsch as term and tool in cultural turf-war arsenals. Focusing on debates surrounding two visual responses to the terrorist attacks on September 11, 2001, Dennis Madalone's 2003 music video for the patriotic anthem 'America We Stand As One' and Jenny Ryan's 'plushie' sculpture, 'Soft 9/11,' Emmer utilizes these debates to reveal the coexisting and competing attitudes towards ostensibly kitschy objects (...) and the contentiousness of deploying kitsch as a term in these debates. The buzzing activity of the internet provides much of the raw material for his arguments. Through his close reading of both the works themselves and the public response to them, Emmer once more focuses attention on the competing and overlapping attitudes towards kitsch and the way in which it and its semantic cousins remain a viable and valuable resource with which to police the borders that surround the artworld. Ultimately, his contribution further grounds a wider premise operative in this collection--namely, that a simple and rigid dichotomy of kitsch and (high) art does not and indeed cannot capture the elusive and mercurial nature of kitsch." --from the editor's introduction. (shrink)

The Plant Ontology (PO) (http://www.plantontology.org) (Jaiswal et al., 2005; Avraham et al., 2008) was designed to facilitate cross-database querying and to foster consistent use of plant-specific terminology in annotation. As new data are generated from the ever-expanding list of plant genome projects, the need for a consistent, cross-taxon vocabulary has grown. To meet this need, the PO is being expanded to represent all plants. This is the first ontology designed to encompass anatomical structures as well as growth and developmental stages (...) across such a broad taxonomic range. While other ontologies such as the Gene Ontology (GO) (The Gene Ontology Consortium, 2010) or Cell Type Ontology (CL) (Bard et al., 2005) cover all living organisms, they are confined to structures at the cellular level and below. The diversity of growth forms and life histories within plants presents a challenge, but also provides unique opportunities to study developmental and evolutionary homology across organisms. (shrink)

Are the laws of nature among the eternal truths that, according to Descartes, are created by God? The basis of those laws is the immutability of the divine will, which is not an eternal truth, but a divine attribute. On the other hand, the realization of those laws, and in particular, the quantitative consequences to be drawn from them, depend upon the eternal truths insofar as those truths include the foundations of geometry and arithmetic.

A physicalist view of qualia labelled non-eliminative reductionism is outlined. If it is true, qualia and physicalism can co-exist without difficulty. First, qualia present no particular problem for reductionist physicalism - they are entirely physical, can be studied and explained using the standard scientific approach, and present no problem any harder than any other scientists face. Second, reductionist physicalism presents no particular problem for qualia – they can be encompassed within an entirely physicalist position without any necessity, either to reduce (...) them to non-existence, or to treat them as new fundamental properties. It is suggested that the position also has sufficient explanatory power to successfully deal with the 'why like anything – why does experience exist at all' question and to counter both Chalmers' Conceivability Argument and Jackson's Knowledge Argument. (shrink)

In a recent paper, Dennis Plaisted examines an important argument that Leibniz gives for the existence of primitive concepts. After sketching a natural reading of this argument, Plaisted observes that the argument appears to imply something clearly inconsistent with Leibniz’s other views. To save Leibniz from contradiction, Plaisted offers a revision. However, his account faces a number of serious difficulties and therefore does not successfully eliminate the inconsistency. We explain these difficulties and defend a more plausible alternative. In the (...) process, we call attention to the neglected topic of Leibniz’s views on the nature of conceiving, and reveal his commitment to the somewhat surprising thesis that one can conceive something through a concept even if one has no conscious grasp of that concept. (shrink)

In this chapter, I show that there is at least one crucial, non-short, argument, which does not involve arguments about spatiotemporality, why Kant’s subjectivism about the possibility of knowledge, argued in the Transcendental Deduction, must lead to idealism. This has to do with the fact that given the implications of the discursivity thesis, namely, that the domain of possible determination of objects is characterised by limitation, judgements of experience can never reach the completely determined individual, i.e. the thing in itself (...) or the unlimited real, but only objects as objects of possible experience. As such, it can be shown by reference to a key argument from Kant, that Hegel’s famous criticism that Kant is not licensed, on the basis of his core arguments concerning the original-synthetic unity of apperception, to restrict our knowledge to appearances, is mistaken on purely systematic grounds. More specifically, I argue that idealism follows already from the constraints that the use of the categories, in particular the categories of quality, places on the very conceivability of things in themselves. My claim is that, although it is not only possible but also necessary to think things in themselves, it does not follow that by merely thinking them we have a full grasp of the nature of things in themselves, as some important commentators claim we have. We must therefore distinguish between two kinds of conceiving of things in themselves: conceiving in the standard sense of ‘forming the notion of’, and conceiving in the narrow sense of ‘having a determinate intellectual grasp’. So although we must be able notionally to think things in themselves, as the grounds of their appearances, we cannot even conceive, through pure concepts, of how they are in themselves in any determinate, even if merely intellectual, sense. To put it differently, we cannot have a positive conception of things in themselves (this is in line with Kant’s distinction between noumena in the negative and positive senses; cf. B307–9). For support, I resort to a much overlooked chapter in the Critique, concerning the transcendental Ideal, where Kant discusses what it is for a thing to be a thing in itself proper, namely, something that is thoroughly determined. This concerns the real ontological conditions of things, which are not satisfied by the modal categories alone, namely, their existence conditions. I claim that the chief reason why, given Kant’s view of determinative judgement, we cannot determine a thing in itself is because of two connected reasons: (1) a thing in itself is already fully determined and therefore not further determinable and (2) we cannot possibly determine all of the thing’s possible determinations. In this context, I also discuss the notion of material (not: empirical) synthesis—of which Kant speaks in the chapter on the transcendental Ideal—which must be presupposed as the ground of the formal a priori synthesis that grounds possible experience. This material synthesis, which is an idea of reason that defines a thing as thoroughly determined with regard to all of its possible predicates and has mere regulative status, can by implication not be determined by the forms of the understanding, which synthesise only a limited set of predicates. As a result, given this definition of ‘thing in itself’, any object (appearance) as at best44 a limited set of determinations of the thing can never be numerically identical to the thing in itself as thoroughly determined individual. This undercuts a standard assumption about the identity relation between appearances and things in themselves in many contemporary interpretations of Kant’s transcendental idealism. (shrink)

A physicalist view of qualia labelled non-eliminative reductionism is outlined. If it is true, qualia and physicalism can co-exist without difficulty. First, qualia present no particular problem for reductionist physicalism - they are entirely physical, can be studied and explained using the standard scientific approach, and present no problem any harder than any other scientists face. Second, reductionist physicalism presents no particular problem for qualia – they can be encompassed within an entirely physicalist position without any necessity, either to reduce (...) them to non-existence, or to treat them as new fundamental properties. It is suggested that the position also has sufficient explanatory power to successfully deal with the 'why like anything – why does experience exist at all' question and to counter both Chalmers' Conceivability Argument and Jackson's Knowledge Argument. (shrink)

Aritsotle's hyle is contrasted with Plato's chora and Aquinas's prima materia. It is argued that Plato and Aristotle developed their concepts in response to very different needs, and that Aquinas's theory reflects a conflation of their views by Neoplatonic commentators. Hyle is shown to be an active potential to a determinate form in contrast to Aquinas's prima materia, which is a purely indeterminate passive potential. This gives a point of attachment in Aristotle's philosophy of nature for the later notion of (...) universal laws of nature. (shrink)

I outline and develop a particular physicalist perspective on qualia, and suggest that it may be the basis of a correct account of the relationship of mental states to the physical world. Assume that a quale is a perspective on a physical state in the organism – the reality as known as distinct from the reality as such – but that the perspective, though it entails irreducible experiential knowledge, has no physical substance over that encompassed in the physical state itself. (...) Assume this physical state is also a brain state. The position is a useful one. First, reductionist physicalism is true, but experiential qualities are irreducible physical knowledge, and a required part of our physical world view. Second, experiences are not additional problems over those addressed externally, but only how these problems seem when known internally – an experience just is the physical state that underlies its external counterpart, and the same standard scientific account suffices to explain both, permitting a science of consciousness to develop by applying the same standard external–observer–based methods adopted in older scientific disciplines. Finally, challenges to physicalism associated with the ‘unbridgeable gap’, Leibniz's Law, Jackson's knowledge argument, and Chalmers' hard problem of consciousness are successfully countered. (shrink)

Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (...) (ICT) has created new informational concepts and issues. As a result, the analytic epistemologies are increasingly challenged by alternative perspectives. One such alternative is Structural Realism (SR), which is influential among the natural sciences, and especially physics. “Informational Structural Realism,” (ISR) is a variant of SR that was introduced by Luciano Floridi. Unlike the coherentist theories, ISR promotes examination of the connections among types of information and informational structures. It is an important shift for legal theory today, since the challenges that the ICT presents have to do with pattern recognition across vast domains of diverse data. An informational jurisprudence is now required to understand the issues emerging from the ICT. (shrink)

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...) about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

Different understanding on Aristotelian distributive justice results in two main factions: holism and egalitarianism. Dennis McKerlie, one of the representatives of holism, criticized Martha Nussbaum's interpretation as an egalitarian. McKerlie argued that Nussbaum did not attach enough importance to the Proportional equality and Aristotelian Common good, as well as a deviation in the understanding of the concept of distribution. The defense of egalitarianism is that Aristotle's emphasis on the rational equality of citizens and the ontological presupposition of primal equality (...) show Aristotelian egalitarian tendencies. (shrink)

The recent distribution of nude photos of a number of high profile Hong Kong celebrities has provoked intense discussion about the state of Hong Kong's obscenity and indecency laws. In this paper, I argue that Hong Kong's laws prohibiting the transfer of obscene and indecent information and images between consenting adults are both under-inclusive and over-inclusive. The Control of Obscene and Indecent Articles Ordinance is under-inclusive in that it does not adequately criminalise grave violations of privacy. It is also over-inclusive (...) because it is a blanket prohibition against the transfer by all parties (including consenting adults) of all forms of obscene and indecent materials. The laws unnecessarily violate the free expression rights of both the producer and consenting viewer of the offensive materials. The producer/publisher of such materials does not harm his or her audience as they willingly view such materials. The justification for maintaining a blanket prohibition against all transfers of such materials is invalid and utterly and totally out of touch with modern life in Hong Kong. The proponents of such laws have used Victorian positive morality considerations to justify continued criminalisation. These laws should be abrogated and replaced with a new piece of legislation that is narrowly tailored to deal with those types of offensive displays that are wrongful in a critical rather than a mere positive morality sense. Criminalisation should be limited to those offences that target children or use children in the production process, violate the rights of non-consenting adult audiences not to receive certain intimate information in certain public contexts, and violate privacy rights by publishing a person's private and intimate information without consent. If x obtains y's profoundly private information and publishes it without y's consent, then x violates y's privacy rights in a grave way. The violation in the right circumstances will justify a criminal law response rather than a mere civil law response. Similarly, if x and y copulate on a public bus they subject the captive audience to an offensive display which violates the non-consenting audience's right not to receive certain intimate information. I argue below that these types of privacy violations give the lawmaker a legitimate justification for invoking the criminal law. (shrink)

Truths will be defined as an agreement on uncertainties, the consensus over matters of empirical and social nature such as mathematics, physics or economics. As illustrated by Dennis Lindley , ‘individuals tend to know things to be true and false but the extent of this truth and falsity would always remain unknown’. Leading individuals to a permanent state of stress, uncertainty becomes a risk for the social community. Problems could not be presumed to be solvable as any kind of (...) solution would be perceived as uncertain. The struggle for solutions would develop into a state of insecurity and conflict where no individual could trust the answers given by any other member of the community. To prevent a ‘war of all against all’ that would cause anxiety and permanent conflict, it will become an essential duty for the social community to diminish uncertainty by imposing truths. With those, individuals can be reassured about the certainty of their knowledge and use truths as a resolution tool for any dispute that might occur within the social space. For the purpose of social peace, truths will therefore be every outcome of the process through which uncertainty is transformed into an agreed form of knowledge. “Gravity”, “Death” and “God” will all be considered truths as they represent a form of agreement over different domains of the human and social life. It is not the intention of this essay to examine each of the truths separately but rather, to analyse them all together in order to formulate a hypothesis for all empirical and social matters. (shrink)